KNOW YOUR RIGHTS
Skilled trade workers play a critical role in all facets of modern society, and it is important that they understand their rights to ensure that safe and fair working conditions are enforced. This list outlines several key rights for these vital workers, covering everything from wages to safety, discrimination protections, and the right to organize. Whether you're a seasoned tradesperson or an apprentice, knowing your legal protections can give you peace of mind as you navigate this rewarding career path. Below is a breakdown of the major laws and protections that apply to workers in the skilled trades.
Wages and Hours
Fair Labor Standards Act (FLSA): This federal law ensures that skilled trades workers receive at least the federal minimum wage for all hours worked and overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek. Some states have higher minimum wage standards. Read more about FLSA here.
Health and Safety
Occupational Safety and Health Act (OSHA): Under OSHA, employers are required to provide a workplace free from recognized hazards that can cause death or serious harm. Workers have the right to report unsafe conditions and can request an OSHA inspection without fear of retaliation. Read more about OSHA here.
Right to Organize
National Labor Relations Act (NLRA): Workers in skilled trades have the right to form or join unions, engage in collective bargaining, and take collective action (e.g., strikes) for better wages, benefits, or working conditions. It also protects against employer retaliation for union-related activities.Read more about NLRA here.
Discrimination and Harassment Protections
Equal Employment Opportunity (EEO) Laws: Skilled trades workers are protected from discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information under laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Read more about these laws here.
Workers’ Compensation
Workers' Compensation Laws: In case of work-related injuries or illnesses, skilled trades workers are entitled to workers’ compensation benefits, which cover medical treatment and provide compensation for lost wages during recovery. Each state has its own specific workers' compensation system. ​​
Prevailing Wage Laws
Davis-Bacon Act: For workers on federally funded construction projects, prevailing wage laws ensure that skilled trades workers are paid at least the local prevailing wage for their trade. Many states have similar laws for state-funded projects. The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Read more about Davis-Bacon and prevailing wage law here.
Right to Leave
Family and Medical Leave Act (FMLA): Skilled trades workers employed by covered employers (companies with 50 or more employees) are entitled to take up to 12 weeks of unpaid leave for specified family or medical reasons, such as caring for a newborn or recovering from a serious illness, without fear of losing their job. Read more about this act here.
Whistleblower Protections
Workers are protected from retaliation if they report illegal or unsafe practices under laws like the Whistleblower Protection Act and OSHA’s whistleblower provisions. This protection encourages workers to report unsafe conditions or labor violations. Read more about this act here.
Apprenticeship Programs
Registered Apprenticeships: The Department of Labor (DOL) oversees apprenticeship programs that provide protections for apprentice workers, ensuring they are paid at least a certain percentage of the journey-level wage as they acquire skills. Apprentices also have the right to training and equal employment opportunities without discrimination.
As a skilled trades professional, it’s crucial to understand your rights to ensure a safe and fair workplace environment, and to speak out on infractions if you see them. By educating yourself on these rights, you can work with the peace of mind that you will be treated with the respect you deserve as a highly important contributing member of society.